Tort Law is regarded as one of the most fundamental practices for aspiring lawyers to qualify for a law degree. Let us specify here that what is a Tort Law and what are the essential concepts of this Law.
What is the Law of Tort Course
Whenever a person commits an atrocity against another person or wrong’s him/her by any means that is referred to as a Tort. Individuals that have been affected by wrongs committed towards them are allowed to claim damages against their perpetrators, this involves a significant amount of different legal issues.
Categories for the Law of Tort Course
Some important divisions in the Tort law course outline are:
Duty of Care in the Law of Tort Course
A chief principle within the compulsory law degree module is the Duty of Care. This is the centerpiece of any negligence claim. This tort becomes in effect when a person who is abided by a legal duty towards another person violates the duty and in return causes some form of harm or injury to the person. Caparo test is a three-stage test conducted to establish the duty of care.
● The harm was predictable.
● There was a vicinity among the affected and the perpetrator (normal examples can be doctor/patient, solicitor/client, employer/employee).
● The claim is just, reasonable and fair to implement a duty of care.
Negligence in the Law of Tort Course
Negligence is referred to the occurrence when a person who trusted with the duty of care fails to provide it to someone. Firstly, in order to identify the case of negligence some cases must be followed:
● The accused had a duty of care.
● The duty was breached.
● The breach resulted in damage or harm.
Personal Injury in the Law of Tort Course
Personal injury practice occurs when civil cases are being brought in order to provide compensation to the victim for the injuries sustained. Personal injuries can involve injuries such as injuries suffered in an accident, which can be occurred in home, at the workplace, or in public and also the injuries sustained because of negligence.
Strict Reliability in the Law of Tort Course
When liability is imposed on a party without the necessity to find intent or negligence, such a practice in the tort law course is known as Strict Reliability. This means that the victim claiming negligence only needs to prove that the tort actually occurred and the accused was responsible for the tort. Strict Reliability tort exists for actions which are naturally dangerous. Examples of such a tort includes the ownership of wild animals or the management of nuclear power plants.
Nuisance in the Law of Tort Course
Nuisance can be classified into two areas: public and private. A private nuisance is a sum-up of situations where the accused causes an unreasonable interference with a private individual’s land or usage of their land. Public nuisance is pretty much the same except that the actions of the accused clashes with that of a group rather than an individual.
What is a Civil Wrong in the Law of Tort Course
A cause of action under the law is called a civil wrong. Torts, violation of torts, violation of trust all accumulate to civil wrongs. They cause the victim to endure loss or harm of some magnitude.
What is Causation in the Law of Tort Course?
For the claim in tort to be made correctly, it is important to be shown that the loss or harm or damage was caused as a result of the action taken by the defendant directly or indirectly.